Bexley Council to pay £2,900 over SEN failings

Bexley Council has offered to pay a family £2,900 after failings in their child's special educational needs provision. The Local Government and Social Care Ombudsman found fault with the council's handling of the child's education, health and care plan (EHCP), leading to the payment and a written apology.

Ombudsman's Findings

The ombudsman's investigation identified errors in the council's actions, including avoidable delays and unforced mistakes. These issues caused distress to the child's parents, referred to as Mr and Mrs X, and resulted in a loss of educational provision for their child, referred to as C.

The council issued two different personal budgets from two different officers on the same day. The child missed out on certain provisions, such as occupational therapy and added tuition hours, due to budgetary problems. The ombudsman stated that the council made errors when issuing and clarifying the budget for C’s EHCP.

Timeline of Issues

Following a tribunal in 2024, C’s EHCP was amended. Over the next few months, Mr and Mrs X engaged in extensive communication with Bexley Council to establish a personal budget. They raised concerns that the council's proposed budget did not adequately cover their child's needs. A final personal budget agreement was only reached five months after the tribunal decision, but the parents still felt the funding was insufficient.

Further correspondence continued into 2025, with the parents highlighting omissions and errors in the budget. Despite the council upholding a complaint about omitting funding for added tutor hours and issuing a corrected budget, Mr and Mrs X escalated their concerns to the ombudsman. They described the errors as a 'continuing pattern of unacceptable behaviour by the council'.

Resolution and Next Steps

Bexley Council acknowledged it had not communicated effectively with the couple and apologised for the omission of funding for added tutor hours. The council was ordered to send a written apology to Mr and Mrs X and make a symbolic payment of £200, alongside another payment of £2,700 in recognition of the loss of some of C’s educational provision. The total payment offered by the council is £2,900.